Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 33 contracts
Samples: Sales Agreement (Satellogic Inc.), Sales Agreement (Complete Solaria, Inc.), Sales Agreement (Rumble Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 33 contracts
Samples: Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Inspira Technologies OXY B.H.N. LTD), Sales Agreement (Mainz Biomed N.V.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.
Appears in 18 contracts
Samples: Securities Purchase Agreement (NLS Pharmaceutics Ltd.), Securities Exchange Agreement (NLS Pharmaceutics Ltd.), Securities Purchase Agreement (NLS Pharmaceutics Ltd.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereofCommission, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.
Appears in 10 contracts
Samples: Common Stock Purchase Agreement (Inflection Point Acquisition Corp.), Common Stock Purchase Agreement (Soundhound Ai, Inc.), Common Stock Purchase Agreement (Embark Technology, Inc.)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 8 contracts
Samples: Sales Agreement (Mereo Biopharma Group PLC), Underwriting Agreement (InfraREIT, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 7 contracts
Samples: Sales Agreement (Graphite Bio, Inc.), Underwriting Agreement (Kura Sushi Usa, Inc.), Open Market Sale Agreement (BELLUS Health Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 7 contracts
Samples: Open Market Sale Agreement (AC Immune SA), Underwriting Agreement (scPharmaceuticals Inc.), Open Market Sale Agreement (AC Immune SA)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 6 contracts
Samples: Underwriting Agreement (Codiak BioSciences, Inc.), Open Market Sale Agreement (Tcr2 Therapeutics Inc.), Open Market Sale Agreement (National Storage Affiliates Trust)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 6 contracts
Samples: Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (Xeris Biopharma Holdings, Inc.), Open Market Sale Agreement (BioXcel Therapeutics, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.
Appears in 6 contracts
Samples: Underwriting Agreement (TELA Bio, Inc.), Equity Distribution Agreement (TELA Bio, Inc.), Equity Distribution Agreement (TELA Bio, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 5 contracts
Samples: Sales Agreement (Bionomics Limited/Fi), Sales Agreement (Bionomics Limited/Fi), Underwriting Agreement (Aclaris Therapeutics, Inc.)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 5 contracts
Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (SOC Telemed, Inc.), Underwriting Agreement (SOC Telemed, Inc.)
Emerging Growth Company Status. From the time of the initial filing submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.
Appears in 5 contracts
Samples: Underwriting Agreement (Cue Biopharma, Inc.), Underwriting Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (Pulse Biosciences, Inc.)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company Partnership has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 5 contracts
Samples: Underwriting Agreement (Howard Midstream Partners, LP), Underwriting Agreement (Green Plains Partners LP), Underwriting Agreement (Green Plains Partners LP)
Emerging Growth Company Status. From the time of filing the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 4 contracts
Samples: Sales Agreement (Nabriva Therapeutics PLC), Open Market Sale Agreement (Nabriva Therapeutics PLC), Underwriting Agreement (Nabriva Therapeutics PLC)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.
Appears in 3 contracts
Samples: Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (RAPT Therapeutics, Inc.), Sales Agreement (Checkpoint Therapeutics, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 3 contracts
Samples: Underwriting Agreement (Kura Sushi Usa, Inc.), Underwriting Agreement (OncoMed Pharmaceuticals Inc), Underwriting Agreement (Everbridge, Inc.)
Emerging Growth Company Status. From Since the time of date the initial filing of the Company’s first registration statement Registration Statement was initially filed with the Commission through the date hereof, the Company has been been, and is the Company is, an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 3 contracts
Samples: Underwriting Agreement (KalVista Pharmaceuticals, Inc.), Underwriting Agreement (Inmune Bio, Inc.), Underwriting Agreement (KalVista Pharmaceuticals, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Equity Distribution Agreement (Ashford Hospitality Prime, Inc.)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first initial registration statement with to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Prelude Therapeutics Inc), Open Market Sale Agreement (Morphic Holding, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Initial Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Underwriter or to counsel for the Agent Underwriter pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Underwriter as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (Aerie Pharmaceuticals Inc), Underwriting Agreement (Aerie Pharmaceuticals Inc)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (HireRight Holdings Corp), Underwriting Agreement (Canaan Inc.)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company Partnership has been and is will be an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (Hycroft Mining Holding Corp), Underwriting Agreement (Hycroft Mining Holding Corp)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Original Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Scholar Rock Holding Corp), Open Market Sale Agreement (Scholar Rock Holding Corp)
Emerging Growth Company Status. From the time of the initial filing submission of the Company’s first registration statement with Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (Codiak BioSciences, Inc.), Underwriting Agreement (Chiasma, Inc)
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Initial Registration Statement to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (PlayAGS, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth thereinAct.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Intellia Therapeutics, Inc.), Open Market Sale Agreement (Intellia Therapeutics, Inc.)
Emerging Growth Company Status. From the time of the initial filing first confidential submission of the Company’s first draft registration statement with the Commission in connection with the Company’s initial public offering through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Underwriting Agreement (Vital Therapies Inc), Underwriting Agreement (Vital Therapies Inc)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first initial confidential submission of the registration statement with to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the The Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereofClosing Date or the Option Closing Date (if applicable), the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Underwriting Agreement (William Bradford Haines Financial Services Trust)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate duly signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the each Agent as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first initial confidential submission of the registration statement with to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the The Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an any officer of the Company or any of its Subsidiaries and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement the offering, or the purchase and sale, of the Placement Shares shall be deemed to be a representation and warranty by the Company, as applicable, Company to the Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission Initial Registration Statement through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a2(a)(19) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Underwriting Agreement (Establishment Labs Holdings Inc.)
Emerging Growth Company Status. From the time of initial confidential submission of the initial filing of registration statement relating to the Company’s first registration statement with initial public offering to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Open Market Sale Agreement (Third Harmonic Bio, Inc.)
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement with the Commission through the date hereofJune 30, 2020, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From Since the time of date the initial filing of the Company’s first registration statement Registration Statement was initially filed with the Commission through the date hereofCommission, the Company has been been, and is the Company is, an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time As of the initial filing of the Company’s first registration statement with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Sales Agreement (Apollomics Inc.)
Emerging Growth Company Status. From The Company is, unless it has provided notice to the Sales Agent pursuant to Section 7(w) hereof, and since the time of the initial filing of the Company’s first registration statement with the Commission through the date hereofRegistration Statement has been, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Initial Registration Statement with the Commission through the date hereofDecember 31, 2017, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”)Act. Any certificate signed by an officer of the Company and delivered to the Agent Representative or to counsel for the Agent Underwriters pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent each Underwriter as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing confidential submission of the Company’s first registration statement with Registration Statement on Form S-1 (File No. 333-240098) to the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract
Emerging Growth Company Status. From the time of the initial filing of the Company’s first registration statement Registration Statement on Form S-1 with the Commission through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.
Appears in 1 contract